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Archive for May, 2010

South African Landlords Fall Under Debt Collection Act

Wednesday, May 19th, 2010

South African landlords who collect rent arrears have now been placed under the scope of the Debt Collectors Act, according to property management group Trafalgar.

Managing Director of Trafalgar, Andrews Schaefar, said “Landlords battling with late-paying tenants and bodies corporate struggling to retrieve levies can now welcome two recent landmark decisions by the Council for Debt Collectors that clearly rule property managers collecting arrears levies and rentals fall within the scope of the Debt Collectors Act.”

Under the new rulings, all estate agents and property managers who collect rental arrears and levies must be registered with the Council for Debt Collector. This will help regulate any unscrupulous behaviour that may have entered the South African debt collection industry.

“The move has highlighted compliance with the Council for Debt Collectors and associated legislation as being necessary for compliance and transparency,” continued Richard Schaefar.

As a direct result, this move should encourage debtors to improve their individual situation in order to avoid these enforceable penalties.

Schaefer said the Council for Debt Collectors was established to bring clarity to a previously unregulated industry following numerous public complaints laid with the department of justice against debt collectors.

“The Debt Collectors Act provides control over debt collectors and legalises the South African collection system by monitoring their conduct and professionalism and thus promoting a culture of good governance.”

Schaefer said the act worked both ways.

“Tenants who believe they are receiving unfair bias can lay a complaint with the Council and both sides will be heard before a judgment is passed.”

Mr Schaefar then added that a recent decision by the Durban High Court to exclude levies from the National Credit Act debt counselling process was also good news for estate agents and property managers.

“That decision means companies such as Trafalgar do not have to refer to debt counsellors when seeking levies due from owners – and correspondingly that errant owners cannot hide behind debt counselling as an excuse for not paying their bodies corporate levies.”

CML Announce 45% Increase in Mortgage Lending

Tuesday, May 18th, 2010

Lending for house purchases has increased by 45% year on year in March, making it the ninth consecutive month of year-on-year growth, according to figures which were released by the Council of Mortgage Lenders yesterday.

However, remortgaging saw a drop of 29% for year on year which was the 23rd consecutive annual fall, a clear indication of the growing trend in a recovering house purchasing market, and a falling remortgaging market.

According to the CML there were 45,000 loans taken out in March for the purpose of purchasing a house which was a rise of 25% in volume from February, with a further 28,000 loans taken out for remortgaging, up 23% in volume. With values of £6.3billion and £3.5billion respectively (increases of 24% and 21% in value on February) it is certainly worth shouting about and shows the value of the housing market.

Looking at the first quarter as a whole, there were 112,000 loans for house purchase (worth £16.1 billion), down from 171,000 (worth £23.3 billion) in the last quarter of 2009 and 74,000 remortgage loans (worth £9.3 billion) down from 89,000 (worth £11.1 billion) in the last three months of 2009. No trend can be inferred from this though, given the distortion caused by the end of the stamp duty holiday in December.

There has also been a greater rise of first time buyers compared to those moving to another home with 17,300 loans to first-time buyers (worth £2 billion) in March which was a rise of 27% on February and 42% on March 2009, compared to 27,500 home-mover loans (worth £4.3 billion) which was a rise of 24% on February and 49% on March of 2009.

For the second month running, March also saw first-time buyers borrow an average of 76% of the property price. This is the first time average deposits for first-time buyers have been lower than 25% for more than one month since January 2009. Only time will tell if this genuinely reflects a tentative sign of easing, but for the time being deposit constraints remain tight in all areas of lending.

For those with the deposits needed, low rates have made home loans initially very affordable. Home movers in March needed less than 10% of gross income to cover their mortgage interest payments. This is unchanged from February and is the lowest amount since the CML started recording this data in 1974.

First-time buyers have not seen quite as much benefit reflecting the fact that the best priced deals are available only to those with larger deposits. But even so, in the first three months of 2010, they needed just 13.3% of their income to cover their interest payments, the lowest since 2004.

In terms of product choice, only 46% of new loans were fixed-rate deals in March. This has remained broadly unchanged for the first three months of 2010, but is down from 60% in the last quarter of 2009 and a peak of 80% last July. Tracker rates accounted for 37% of new mortgage lending, again broadly unchanged, but up from last July’s low of 12%.

Michael Coogan, Director General of the CML said, “Today’s figures indicate there is currently some momentum to house purchase lending, but for the sake of the future health of the housing and mortgage markets, the new government will need to focus on the critical issue of funding and how to address the issues arising from the repayment of the emergency support provided during the financial crisis.

“The UK is at risk of a chronic under-supply of credit – and the rationing of mortgages for customers – for years to come.”

   
 
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